Encroachment Agreement No. 16-002 2017-0301935 DOC# 2017-0301935
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RECORDING REQUESTED BY. Jul 05 2017 10:13 AM
OFFICIAL RECORDS
CITY OF POWAY Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
AND WHEN RECORDED MAIL TO: FEES: $33.00
CITY CLERK PAGES: 7
CITY OF POWAY
P O BOX 789
POWAY CA 92074
(THIS SPACE FOR RECORDER'S USE)
APN: 321-021-04
ENCROACHMENT AGREEMENT NO. 16-002
13850 Twin Peaks Road
The CITY OF POWAY (herein called CITY) does hereby grant to SAN DIEGO GAS &
ELECTRIC COMPANY (herein called PERMITTEE(S)), owner(s) of certain real property located
in the City of Poway California, more particularly described in Exhibit A permission to encroach
within the City's right of way for the purposes of installing and maintaining a private driveway and
private drainage improvements in the public right of way
The limits of said encroachment are as shown on Exhibit 'B' attached hereto and made
a part hereof, and described as the construction, installation, maintenance, repair and as-needed
reconstruction of private driveways and drainage improvements to be installed within the City's
right of way according to Grading Permit Number G15-0010, which is on file with the CITY This
agreement is required as a condition of approval for such development.
Said permission is given subject to PERMITTEE, its heirs, successors or assigns, by
accepting the same, agreeing to the following conditions:
1 The consent granted herein by CITY shall at all times be subject to the right of
CITY to operate and maintain, and from time to time to reconstruct, alter and improve any existing
works of the CITY on CITY's right of way without liability for damages to the facilities of
PERMITTEE, its heirs, successors or assigns;
2. It is understood that said lands are not owned by CITY that the consent contained
herein relates only to the prior rights of CITY by virtue of its easement and right of way in said
lands, and nothing contained herein shall be deemed a representation by CITY of the right to
grant an easement over said lands or any other rights which are reserved to the owners or other
persons;
3. The CITY will not be liable for any damage to the proposed construction on CITY's
right of way resulting from operation of the CITY's facilities by CITY within the right of way except
to the extent of the CITY's gross negligence or willful misconduct;
4 This assignment is made for the direct benefit of PERMITTEE's land above
described and the covenants herein contained shall run with said land, and shall be binding on
Encroachment Agreement No. 16-002
Page 2
the assigns and successors of PERMITTEE,
5. Only those utilities or improvements described above are permitted along or across
the right of way If other utilities or improvements are proposed, an additional encroachment
agreement will be required;
6. PERMITTEE shall not unreasonably interfere with the facilities of CITY or with
access by CITY during construction. PERMITTEE shall establish grades, which, in the opinion
of the CITY will provide easy access across the encroachment after completion;
7 All of CITY's facilities in the easement and right of way are to be fully protected in
a manner satisfactory to CITY after construction;
8. PERMITTEE will be responsible for any damage it causes to CITY's facilities in the
right of way by reason of the construction, location, or maintenance of PERMITTEE's facilities,
and for the cost or any relocation of the PERMITTEE facilities installed within the right of way by
PERMITTEE, should such relocation become necessaryby reason of the construction by CITY
of additional facilities or appurtenances thereon; provided that such right shall not inure to third
parties;
9. Unless directly caused by the CITY its employees, agents, or contractors, CITY
its officers, employees, agents and directors shall not be answerable or accountable in any
manner for any loss or damage that may occur to facilities belonging
to the PERMITTEE, its heirs, successors or assigns, or any part thereof; for any loss or
damage to any of the materials, equipment or other things used or employed in constructing
the same; for injury to or death of any person, either workmen or the public, or for damage _
to property from any cause arising out of PERMITTEE's use of CITY's right of way or the
construction and maintenance of PERMITTEE's facilities thereon. PERMITTEE shall hold
harmless, indemnify and defend CITY its directors, officers, employees and agents, from all
claims suits or actions of every name, kind and description, including reasonable actual attorneys
fees incurred by CITY resulting from such claims, suits or actions, brought for or on account of
injuries to or death of any person or damage to property resulting from PERMITTEE's use of
CITY's right of way or the construction and maintenance of PERMITTEE's facilities thereon;
10 CITY is to be without cost or expense of any kind in connection with the drafting or
recording of this agreement;
11 The encroachments shall be installed and maintained in a safe and sanitary
condition at the sole cost, risk and responsibility of the PERMITTEE,
12. If required in accordance with Section 8 above, the PERMITTEE shall remove or
relocate the encroachments, or a portion thereof upon notification in writing by the City Engineer
of the
City of Poway or the City may cause such work to be done at PERMITTEE's sole cost and
expense if PERMITTEE is given the opportunity to perform and PERMITTEE refuses to remove
or relocate such encroachments within a reasonable time period, and the cost thereof shall be a
lien upon the land owned by the PERMITTEE,
Encroachment Agreement No. 16-002
Page 3
13. PERMITTEE, its heirs, successors or assigns, shalltake out and maintain, during
the time the aforementioned encroachment remains on CITY's easement, sufficient Liability
Insurance covering all bodily and property damage arising out of this permit (at least $1 000,000
for personal injury and $250,000 for property damage). This policy shall name CITY and its
officers, agents and employees as additional insured, and shall constitute primary insurance as
to CITY and its officers, agents and employees, so that any other policies held by CITY shall not
contribute to any loss under said insurance. The policy shall provide for thirty (30) days prior
written notice to CITY of cancellation or material change. In the alternative, PERMITTEE may
provide CITY with a letter of self-insurance in the amounts described above.
This agreement is grater ted pursuant to action taken by the CITY OF POWAY on the
2Q `" day of Jun? , 2017
ACCEPTED.
OWNERS:
SAN DIEGO GAS & ELECTRIC COMPANY a CITY OF POWAY
California corporation
By.
eff s- �hc c Fr(two Steven R. Crosby P.E.
City Engineer
Its: Land ManagementSupewisor Yvlana��r
(Signatures must be notarized.)
Approved as to Form:
Office of the City Attorney
Morga L. FI ty ttorney
M:lengseMLand Development Projects120161ER I6-002sdg&e ERA.docx
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached,and not the truthfulness,accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ORANGE
4
On OJne \ 20a, before me, Lr Sc, CI)J fpky a Notary Public
in and for said State. personally appeared C - cisCocek3 1 // who proved to me
on the basis of satisfactory evidence to be the person(s) whose name(sg/aee subscribed to the within
instrument and acknowledged to me thatt&she/hey executed the same i1 C/herkheir—authorized
capacity(ies), and that bye herhheir signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
L'Nota�in for said State
LISA C MURPHY
(SEAL) � , Noary Pumnc catia
r. San Oiepo CauntY
.' � Commission•2169927
M Comm.apnea Nov 2S.2020
ACKNOWLEDGMENT
A notary public or other officer completing this I
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy or
validity of that document.
State of California
County of San Diego
On aAR2 2 I1 7 011 before me, Nicole Murphy, Notary Public
(insert name and title of the officer)
personally appeared S{"ev?l\ 12 Q Cas�Ql
who proved to me on the basis of satisfactory evidence to be the person((]whose name(*) is/are
subscribed to the within instrument and acknowledged to me that he/s)3e/tl}ey executed the same in
his/hpr/their authorized capacity(iee'j, and that by his/par/pair signature(*) on the instrument the
persons'), or the entity upon behalf of which the persona,) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
NICOLE MURPHY
WITNESS my hand and official seal. :;/Pari.,' Notary Public California
I,'c;,, San Diego County
v••ry/ Commission N 2192036
M Comm.Expires Ma 17.2021
Signature (Seal)
File No: 08025280
EXHIBIT "A"
All that certain real property situated in the County of San Diego, State of
California, described as follows:
Those portions of the Southwest quarter of the Southwest quarter of
Section 6, Township 14 South, Range 1 West, and the Southeast quarter of
the Southeast quarter of Section 1, Township 14 South, Range 2 West, San
Bernardino Base and Meridian, in the City of Poway, County of San Diego,
State of California, according to the official plat thereof, described as
follows:
Beginning at the Southwest corner of said Section 6;
Thence South 88° 34' East, along the South line of said Section 6, a
distance of 325 feet;
Thence North 1° 01 West, on a line parallel with the West line of said
Section 6, a distance of 400 feet;
Thence North 88° 48' 21" West, 476.95 feet;
Thence South 1° 01' East, 400 feet to a point on the South line of said
Section 1, which point bears North 89° 19' West, a distance of 151.96 feet
from the Southeast corner of said Section 1;
Thence South 89° 19' East along the South line of said Section 1, to the
Southeast corner thereof and the point of beginning.
Assessor's Parcel Number-• 321-021-04 --
CLTA Preliminary Report Form-Modified (11. 17-06)
Page 3
LEGEND
RIGHT-OF-WAY/ —__—
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a--! EXISTING RIGHT-OF
WAY EASEMENT PER o
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REC 04/11/1977 O.R. o
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10' 36' 14' ENCROACHMENT <
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ENCROACHMENT. PLAN VIEW a
DATE. 6/01/2017 I� SCALE. 1 = 80'
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7910-CONVOY COURT (858) 715-1420 TEL -=-
SAN DIEGO, CA 92111 (858) 715-1424 FAX
P INFOONALEENGINEERING.COV SCALE 1 = 80' EXHIBIT "B"
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